Sabbir vs State Of Rajasthan

Taking into consideration the rise in COVID-19 cases, specifically at Jodhpur and Jaipur, the functioning of Rajasthan High Court, Jodhpur from 14.09.2020 to 01.10.2020 shall be only through video conferencing.

The present interim bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.112/2020, Police Station Raisinghnagar, District Sriganganagar, registered for the offence under Section 8/15 of NDPS Act.

Heard learned counsel for the petitioner appearing through video conferencing and learned Public Prosecutor present in person. Perused the material available on record.

Learned counsel for the petitioner seeks interim bail for a period of 25 days on the ground of death of his father. He also submitted photo copy of death certificate of his father who has expired on 30.08.2020. Therefore, he prayed that interim bail for a period of 25 days may be granted to the accused-petitioner.

(2 of 2) [CRLMB-9932/2020] Learned Public Prosecutor does not controver the argument of learned counsel for the petitioner that father of petitioner has expired on 30.08.2020.

Having regard to the facts and circumstances of the case and in the interest of justice, without expressing any opinion on the merits/demerits of the case, I deem it just and proper to enlarge the accused-petitioner on interim bail under Section 439 Cr.P.C. only for a period of 25 days from the date of his actual release to perform last social/religious rituals after the death of his father. He shall have to surrender before the concerned Jail authority in the morning of 12.10.2020.

Accordingly, the interim bail application filed under Section 439 Cr.P.C. is partly allowed and it is directed that accused- petitioner - Sabbir S/o Jamaaldeen, shall be released in connection with FIR No.112/2020, Police Station Raisinghnagar, District Sriganganagar, on interim bail for a period of 25 days from the date of his actual release from prison on usual terms and conditions to be imposed by the concerned Jail Sueritendent and concerned Superitendent of Jail is directed to ensure surrender of the accused-petitioner in the morning of 12.10.2020, provided he furnishes a personal bond in the sum of Rs.1,00,000/- along with two sound and solvent sureties of Rs.50,000/- (out of which one shall be of a close family member) each to the satisfaction of the concerned Jail Superitendent on usual conditions. The concerned Jail Superitendent shall be at liberty to impose any other usual terms and conditions for surrender of the petitioner in prison.